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My husband and I share a residence together. His name is on the mortgage. We got a better interest rate that way. What do I need to do to protect the property if he should pass away. He also has an ex wife and 2 children. We have one child together. He he passes and the mortgage is not paid off what should I do. We do not have a will or a trust yet. Thank you so much for any help.

Asked on 7/08/04, 10:11 pm

1 Answer from Attorneys

The property will pass subject to the mortgage. That means that whoever inherits the property will be responsible for the debt but may make a "claim" against your husband's estate for payment of his share of the debt. The more important question is how is the property titled and the terms of your husband's will.